Browsing by Author "Mailangi, Ane"

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Open Access
The accountability arrangements in Tonga's Public Service Commission
(Te Herenga Waka—Victoria University of Wellington, 2017) Mailangi, Ane
The role of the Public Service Commission of Tonga and their decision-making powers requires the basic elements of good governance which include accountability, transparency and efficiency. This paper will be closely examining the accountability element and how it applies to the Public Service Commission of Tonga. The paper will focus on the legal framework of the Commission and its accountability arrangements. This paper will take an analytical and descriptive approach in examining the legal framework of the Commission. The aim is to see how and what types of accountability arrangements are involved. Further, whether those arrangements satisfy Bovens narrow definition of accountability that will be relied upon. It will also determine whether accountability effectively applies within the Commission. The paper does not intend to provide solutions for the shortfalls under the legal framework of the Commission but will in one or two instances indicate obvious solutions. This paper argues that accountability is indeed an important element in the proper functioning of the Public Service Commission as a central and independent body charged with the function of managing human resources directly for twenty government ministries and agencies. The paper further argues that such an important element must have a clear and robust framework within its legal framework to enable the Commission to effectively be held accountable. The paper does however acknowledge that accountability is not as straightforward. A very helpful lens used to carry out the analysis will be the conceptual framework of accountability as set out by Mark Bovens.
Open Access
Tonga as a new member of the International Labour Organisation: The way forward
(Te Herenga Waka—Victoria University of Wellington, 2017) Mailangi, Ane
Labour standards in Tonga are far from being near perfect. This largely leans towards there being gaps in its current national laws and inaction from Government in establishing coordinating mechanisms, policies or programs to address this. Despite this, Tonga’s recent decision to become a member of the International Labour Organisation (ILO) in early 2016 provides hope. This essentially means that there is now commitment from Tonga to lifting its labour standards. This paper seeks to address what Tonga should do now and more particularly in relation to labour law since it has become a member of the ILO. The paper will firstly take a descriptive approach and set out the background of Tonga which will shed light on the country, particularly its geography, political structure, economy, and workforce. The paper will also set out Tonga’s obligations as a new member under the ILO Constitution. The paper will then focus on the principles governing the four fundamental rights that are subject of the eight ILO Conventions covered under ILO’s Declaration on Fundamental Principles and Rights at Work and its Follow-up. These principles bind all members irrespective of whether they have ratified or not any of the relevant ILO Conventions and set out the minimum international labour standards. The paper will analyse this against particular circumstances in Tonga to answer two further research questions (1) to what extent are any of the principles and rights under the Declaration observed; and (2) what would be required to meet the standards in the Declaration. A normative approach will be included in the analysis to reflect the way forward for Tonga. This paper argues that Tonga’s commitment to respecting, promoting and realising ILO’s international labour standards requires it to address the current deficiencies and gaps within its national laws reflecting labour standards. A key contribution would include the passing of the Employment Relations Bill which has been in the pipeline for over a decade.